The East African Standard (Nairobi)

Kenya: Decriminalise Abortion And Let Women Choose

Agnes Odhiambo

26 July 2007


opinion

Nairobi — The debate on abortion has shown that the subject is one of the most complex yet oversimplified issues.

Generally, the debate to legalise abortion or not has been premised around three interrelated perspectives: Health, morality and rights. While most pro-choice arguments revolve around health and the rights of women, pro-lifers or anti-choice use morality, specifically the religious moral card, to advance their views.

The Catholic Church has, for example, called for the sacking of Assistant Health minister, Dr Enock Kibunguchy, for the statements he made on abortion and the Church at a recent Abortion Mock Tribunal organised by the Kenya Human Rights Commission.

The Church has been instrumental in condemning abortion as immoral. But a critical question is this: Is morality all there is to religion, especially in a country with more than 1,000 diverse religious groups with as many diverse views. Should some religious values be exempted from criticism?

Morality defines social behaviour and interaction. As the foundation of law, morality determines social order and justice. Morality is at the base of humanity because it seeks to make society better for all.

The principles of democracy are based on moral standards that acknowledge equality among human beings. With such an understanding, morality should allow the right of those affected to make choices. The decision to have an abortion can be a necessary and morally defensible choice in certain circumstances.

Is it morally good for thousands of women to die, be permanently incapacitated, lose their fertility or are branded criminals because they go for unsafe or 'illegal' abortions? Is it moral for botched abortions to fill half of obstetrical or gynaecological ward beds, use half or more of blood bank resources in local hospitals, take half of the operating theatre time and occupy half or more time of surgeons and specialised professionals in a country with meagre resources?

Is it moral or socially justifiable that deaths arising from abortion are higher among poor women than the better endowed? Abortion is not the cause of social disintegration, but it may be a result of social failure. We should, therefore, not simplify the morality of abortion, but acknowledge that women are not well-supported in a society that practices double standards.

If women have children under certain circumstances, they are stigmatised and shunned. If they choose to abort for whatever reason, they are judged immoral. Yet, neither the Church nor the Government takes responsibility of bringing up children.

As a result, some women seek abortion regardless of its legal status even if they have to jeopardise their lives. That is the stark reality and society, including the Church, should reflect on the circumstances that result in decisions to procure abortion.

Criminalising abortion amounts to implicitly condoning social injustice. Decriminalising it may be the moral thing to do because it is an acknowledgement of social reality. It would affirm the rights of a section of citizens to decide on what is in their best interests.

It could also demystify and remove the spectre of moral dilemma that women who seek abortion have to endure. It is paramount to apply social justice principles to abortion from a health or moral point of view.

The objective (other than making abortion legal and safe) should be to transform social and political thought about women in a way that links their dignity, health and rights to the recognition that they are morally and legally capable of making responsible decisions on when and how to bring new life into the world.

The writer works for AWC Feature Service

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